[Federal Register Volume 67, Number 61 (Friday, March 29, 2002)]
[Notices]
[Page 15281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7122]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-565 (Sub-No. 7X) and STB Docket No. AB-55 (Sub-No. 
605X)]


New York Central Lines, LLC--Abandonment Exemption--in Suffolk 
County, MA; CSX Transportation, Inc.--Discontinuance of Service 
Exemption--in Suffolk County, MA

    New York Central Lines, LLC (NYC) and CSX Transportation, Inc. 
(CSXT) have filed a notice of exemption under 49 CFR 1152 Subpart F--
Exempt Abandonments and Discontinuances of Service for NYC to abandon 
and CSXT to discontinue service over approximately 2.17 miles of 
railroad between milepost QBG 5.7 and milepost QBG 7.87 in Chelsea, in 
Suffolk County, MA.\1\ The line traverses United States Postal Service 
Zip Codes 02128 and 02129.
---------------------------------------------------------------------------

    \1\ Pursuant to Board authorization in 1998, CSX Corporation, 
CSXT's parent company, and Norfolk Southern Corporation jointly 
acquired control of Conrail Inc., and its wholly owned subsidiary, 
Consolidated Rail Corporation (Conrail). As a result of that 
acquisition, certain assets of Conrail have been assigned to NYC, a 
wholly owned subsidiary of Conrail, to be exclusively operated by 
CSXT pursuant to an operating agreement. The line to be abandoned is 
included among the property being operated by CSXT pursuant to the 
NYC operating agreement.
---------------------------------------------------------------------------

    NYC and CSXT have certified that: (1) No local traffic has moved 
over the line for at least 2 years; (2) there is no overhead traffic on 
the line; (3) no formal complaint filed by a user of rail service on 
the line (or by a state or local government entity acting on behalf of 
such user) regarding cessation of service over the line either is 
pending with the Surface Transportation Board (Board) or with any U.S. 
District Court or has been decided in favor of complainant within the 
2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental 
reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the abandonment or discontinuance shall be protected under Oregon 
Short Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To 
address whether this condition adequately protects affected employees, 
a petition for partial revocation under 49 U.S.C. 10502(d) must be 
filed. Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, these exemptions will be 
effective on April 30, 2002, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
April 8, 2002. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 18, 2002, with: 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW., Washington, DC 20423.
---------------------------------------------------------------------------

    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25). This fee is scheduled to increase to $1,100, 
effective April 8, 2002.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representative: Natalie S. Rosenberg, Counsel, CSX 
Transportation, Inc., 500 Water Street J150, Jacksonville, FL 32202.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NYC and CSXT have filed an environmental report which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by April 5, 2002. Interested persons may obtain a copy 
of the EA by writing to SEA (Room 500, Surface Transportation Board, 
Washington, DC 20423) or by calling SEA, at (202) 565-1552. [TDD for 
the hearing impaired is available at 1-800-877-8339.] Comments on 
environmental and historic preservation matters must be filed within 15 
days after the EA becomes available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), NYC shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by NYC's filing of a notice of 
consummation by March 29, 2003, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at 
www.sbt.dot.gov.

    Decided: March 18, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-7122 Filed 3-28-02; 8:45 am]
BILLING CODE 4915-00-P